Karekar -v- TAFE Commission of New South Wales [2002] NSWADT 17

Procedural Posture

Race Discrimination in Work Complaint / Principal Matter

Legal Issues

1. 1 ['Whether the Respondent discriminated against the Applicant on the ground of race by affording him less favourable terms and conditions of employment contrary to s 8(2)(a) of the Anti-Discrimination Act 1977.' 'Whether the Respondent subjected the Applicant to detrimental treatment on the ground of race contrary to s 8(2)(c) of the Anti-Discrimination Act 1977.' 'Whether the Applicant was constructively dismissed on the ground of race contrary to s 8(2)(c) of the Anti-Discrimination Act 1977.' 'Whether the transfer from Building K to Building P was unauthorised or racially motivated.']

Ratio Decidendi

The Tribunal was not satisfied on the balance of probabilities that the Respondent discriminated against the Applicant on the ground of race. It found that Mr Shearston did not make the alleged comment "Indians are stupid", was authorised to transfer the Applicant, and transferred him for operational reasons unrelated to race. It also found that any offensive conduct by Mr Saad was not shown to be on the ground of the Applicant's race. There was therefore no reliable evidence of race-based less favourable employment conditions, detrimental treatment, or constructive dismissal.

Court Disposition

The complaint was dismissed.

Orders

• ['The complaint be dismissed.']